Professional Documents
Culture Documents
Overview of The Philippine Judicial System by Raul Pangalangan (2001)
Overview of The Philippine Judicial System by Raul Pangalangan (2001)
著者 Pangalangan Raul C.
権利 Copyrights 日本貿易振興機構(ジェトロ)アジア
経済研究所 / Institute of Developing
Economies, Japan External Trade Organization
(IDE-JETRO) http://www.ide.go.jp
journal or The Philippine Judicial System
publication title
volume 5
page range 1-5
year 2001
URL http://doi.org/10.20561/00033135
I. OVERVIEW OF THE PHILIPPINE
JUDICIAL SYSTEM
1
different barangays, were sometimes settled by arbitration with some datus or elders
from other barangays acting as arbiters or mediators. In this way, war was always
averted (Blair and Robertson, Vol. V pp. 177 and Vol. VII p. 179).
All trials (criminal or civil) were held in public. The litigants - plaintiff and
defendant - pleaded their own case and presented their witnesses. Before testifying,
these witnesses took an oath to tell the truth and nothing but the truth. Perjury was rare.
When the court was in doubt as to whom of the litigants were really guilty, it resorted to
trial by ordeal. This is especially true in criminal cases. It was believed that the gods
protected the innocent and punished the guilty and that ordeals revealed divine truth to
the people. An accused person who was innocent was believed to be always successful
in the ordeals because the gods made him so (Teodoro A. Agoncillo, History of the
Filipino People, pp.41-44).
2
Audencia Territorial of Manila and those of the Audencia to the Supreme Court of
Spain. (Ibid, p.7)
The Courts of First Instance were established in the provinces under the
alcades-mayor that were deprived of their executive functions. These courts were
divided into three classes: de entrada, de ascenco and de termino. Sentences of the
judges of the First Instance were appealed to the Audencia Territorial of Manila. The
justice of the peace courts were authorized for every pueblo. Decisions of the justice of
the peace were appealed to Courts of First Instance. (Ibid, p.8)
An institution known as residencia was established to check on the powers of
the Governor General and other officials. It was a judicial inquest into their official
conduct held at the expiration of their term and was presided by their successors. It was
an effective restraint on colonial officials but was usually subject to abuse.
3
a judge could not sufficiently cope with the volume of work. The justice of the peace
was important because of their accessibility to the masses. Unfortunately. they failed to
maintain the respect of litigants because majority of them were poorly equipped and
were political proteges.
The Supreme Court of the United States had jurisdiction to review, revise,
reverse, modify, or affirm the final judgements and decrees of the Supreme Court of the
Philippine Islands in all actions and proceedings in which the Constitution or any statute,
treaty, title, right or privilege of the United States was involved, or in which the value in
controversy exceeded $25,000. The Tydings-McDuffie Act extended this power of
review to all cases involving the Constitution of the Commonwealth.
The Philippine Commission provided for clerks of court and the concept of
sheriff. One notary public was required for each municipality who was appointed by
the judge of the first instance of the province. Private defenders and private counsels
were provided to the accused. Courts were allowed to employ assessors to assist in
trials and to advise judges.
4
of facts a Court of Appeals was created originally with eleven members and later
increased to fifteen. (Ibid, p. 305).